Methods and apparatus for distributed gaming over a mobile device

ABSTRACT

Some embodiments of the invention provide a method and system for detecting unusual performance in a game. The game has a participant. The method calculates for the participant, a performance metric. The method compares the performance metric to a threshold value. Based on the comparison, the method optionally connects to a server. In some embodiments, the connection is for uploading a set of data from the participant to the server. The server, of some embodiments, broadcasts to the participant. The broadcast is a one-way transmission. In some embodiments, the broadcast includes a distribution based on a set of sample participants. In these embodiments, the set of sample participants comprises a representative sample of all the participants in the game. The threshold value, of some embodiments, is based on the broadcast and in some embodiments, the broadcast includes a histogram. The connecting occurs, in some embodiments, when the performance metric exceeds the threshold value. The connection, for some embodiments, includes a two-way connection. In some embodiments, the method also tracks for the participant, a participant improvement factor. The participant improvement factor is based on an average performance level for the participant. The method stores the participant improvement factor. The threshold value, in some of these embodiments, is based on the participant improvement factor. The method of some embodiments tracks for the game, a game improvement factor. The game improvement factor is based on an average performance level for several participants in the game. The method stores the game improvement factor. The threshold value, in some of these embodiments, is based on the game improvement factor. In some embodiments, the method examines the uploaded data for particular characteristics. In some embodiments, the particular characteristics indicate the likelihood of cheating activity.

RELATED APPLICATIONS

This patent application claims priority under 35 U.S.C. § 119(e) of theco-pending, co-owned U.S. Provisional Patent Application No. 60/588,273,filed Jul. 14, 2004, entitled “A METHODOLOGY FOR PROVIDING ALLCONTESTANTS IN GAMES OF SKILL PLAYABLE ON CELL PHONES WITH THEIR CURRENTSTANDING WHILE RECEIVING GAME CONTROL INFORMATION ONE-WAY VIA A‘BROADCAST’ TRANSMISSION,” which is hereby incorporated by reference.This patent application claims priority under 35 U.S.C. § 119(e) of theco-pending, co-owned U.S. Provisional Patent Application No. 60/583,739,filed Jun. 28, 2004, entitled “A METHODOLOGY FOR DETECTING CHEATINGDURING A REAL TIME CONTEST OF SKILL UTILIZING A CELL PHONE IN CONNECTIONWITH A LIVE TELEVISION PROGRAM,” which is hereby incorporated byreference. This patent application is concurrently filed with U.S.patent application Ser. No. ______, entitled METHODS AND APPARATUS FORDISTRIBUTED GAMING OVER A MOBILE DEVICE, which is hereby incorporated byreference.

FIELD OF THE INVENTION

The present invention relates to the field of distributed gaming. Moreparticularly, the present invention relates to the field of distributedgaming utilizing a mobile device.

BACKGROUND

Participants of distributed gaming have experienced areas of expansionin recent years. These participants are enabled to play new games andplay existing games in novel ways. For example, games today are oftenplayed by several participants simultaneously over remote networks.Distributed gaming already takes a variety of forms including Internetand/or online games, as well as simple participation events, such asaudience polling. Existing distributed games already pose issues in gamemanagement and control. However, several of the complex issues withdistributed games have only become more difficult with the expansioninto new areas and ways of gaming. One issue involves communication withthe participants. Another issue is the ability to scale for largenumbers of participants. These two issues make the fundamental task ofkeeping all the participants updated, into a significant challenge. Oneapproach to address these issues is one-way broadcast updating. However,this broadcast or multicast approach presents significant securitychallenges.

Games of skill and chance have an intrinsic excitement and entertainmentvalue. Any game is greatly enhanced by a participant's ability to knowhow their performance compares in relation to other participants and/orto historical performance for the game throughout the contest. However,competition will naturally create incentives to enhance performance in amanner outside the rules of the game, i.e., to cheat. Some games providea lucrative prize based on performance, which creates even greaterincentives to break the rules of the game. Network based games over theInternet, television, radio, or other complex technology utilizing aone-way multicast or broadcast system create more complicated issues indetection and prevention of cheating. Unlike a server controlledcontest, there are a variety of ways unobserved competitive participantsare able to unfairly manipulate a game that has such a broadcastarchitecture.

The State of the Art

There have been various attempts to address some of the issues raisedabove. Some of these attempts are mentioned below.

U.S. Pat. No. 5,013,038, filed Dec. 8, 1989, and U.S. Pat. No.5,120,076, filed Apr. 25, 1991, both to Luxemberg, et al., (theLuxemberg patents) are directed to reducing the number of telephonecalls to the game server only after the conclusion of a game. TheLuxemberg '076 patent in particular, directs all but a sampling ofplayers to delay sending their scores to the central server in amulticast request after the conclusion of the game. The central servercompiles the results of the sampling and broadcasts the sampling resultsto all the participants of the game. Each participant then determinesthe participant's own chance of winning based on the sampling resultstaken at the conclusion of the game. Only those participants whoseperformance is high enough in comparison to the sampling results arereleased to send their results to the server for scoring. Thus, in theLuxemberg '076 patent, the number of messages over a landline telephonecall to the game server is reduced to the number of participants in thesample. The game server determines the winners at the conclusion of thecontest based on the uploaded scores from only the participants who havea chance of winning and who have thus uploaded their scores to theserver. The Luxemberg patents ('038 and '076) also provide for thecollection of market information surveys after conclusion of the game.However, the Luxemberg patents suffer from lack of real-time capabilityas participants must wait for each of the sample participants to dial-intheir results over telephone lines. The Luxemberg patents also sufferfrom the inability to specifically select and connect with a statisticalsample.

U.S. Pat. No. 5,083,800, filed Jun. 7, 1990, to Lockton describes usinga one-way FM subcarrier (SCA) channel to broadcast from the server togame participants, while the game participants upload through telephonelines. U.S. Pat. No. 5,479,492, filed Dec. 1, 1993, to Hofstee, et al.,describes voting in response to a television or radio broadcast by usinga ballot box attached to a telephone line that introduces a time delay.U.S. Pat. No. 5,643,088, filed May 31, 1995, to Vaughn, et al.,describes interleaved interactive advertising in the broadcasts. U.S.Pat. No. 5,813,913, filed May 30, 1995, to Berner, et al. (Berner)describes a system where players are grouped according to skill levelfor competition and comparison within a particular skill level. InBerner, the central computer system sends a lockout signal at theconclusion of each game where only players of the particular skill levelupdate their performance through telephone lines.

However, none of these attempts provide for real time updating, to largenumbers of participants, information regarding the standings of a game,particularly over new types of networks. One such network that showspromise is a network for mobile devices such as a cellular network.Moreover, none of the prior techniques address the issues particular tomobile device gaming such as the unfair manipulation of technology.

SUMMARY OF THE INVENTION

A system and method are provided for updating game participants. Themethod selects a subset of sampling participants from the set of allparticipants of a game. In some embodiments, the selection occurs priorto the start of the game. The method of some embodiments establishes atwo-way connection between a server and each of the samplingparticipants. For some embodiments, the two-way connection is realtime.The method continuously maintains the two-way connection throughout thegame. During each discrete game period, for example, each play of afootball game, the method receives from a sampling participant, data forthe sampling participant's current game period performance. Based on thereceived data, the method determines the performance for the game periodand broadcasts this information to a participant. In some embodiments,the participant is a non-sampling participant. A non-samplingparticipant is a participant who was not selected for the set ofsampling participants. In some embodiments, the non-sampling participantdetermines a standing relative to the other participants in the gameevent. Some embodiments display the determined standing. Someembodiments calculate a statistically accurate histogram from thesampling data to represent all the participants. In these embodiments,the participant's score is compared to the histogram to determine thestanding.

Some embodiments of the invention provide a method and system fordetecting unusual performance in a game. The game has a participant. Themethod calculates for the participant, a performance metric. The methodcompares the performance metric to a threshold value. Based on thecomparison, if an unusually high score or other anomaly is detected, themethod optionally connects the participant to a server. In someembodiments, the connection is for uploading a set of data from theparticipant to the server. The server, of some embodiments, broadcaststo the participant. The broadcast is a one-way transmission. In someembodiments, the broadcast includes a distribution based on a set ofsample participants. In these embodiments, the set of sampleparticipants comprises a representative sample of all the participantsin the game. The threshold value, of some embodiments, is based on thebroadcast and in some embodiments, the broadcast includes a histogram.The connecting occurs, in some embodiments, when the performance metricexceeds the threshold value. The connection, for some embodiments,includes a two-way connection. In some embodiments, the method alsotracks for the participant, a participant improvement factor. Theparticipant improvement factor is based on an average performance levelfor the participant. The method stores the participant improvementfactor. In some embodiments, the server stores the participantimprovement factor, while in other embodiments, the participant's mobiledevice stores the improvement factor. The threshold value, in some ofthese embodiments, is based on the participant improvement factor. Themethod of some embodiments tracks for the game, a game improvementfactor. The game improvement factor is based on an average performancelevel for several participants in the game. The method stores the gameimprovement factor. The threshold value, in some of these embodiments,is based on the game improvement factor. In some embodiments, the methodexamines the uploaded data for particular characteristics. In someembodiments, the particular characteristics indicate the likelihood ofcheating activity.

BRIEF DESCRIPTION OF THE DRAWINGS

The novel features of the invention are set forth in the appendedclaims. However, for purpose of explanation, several embodiments of theinvention are set forth in the following figures.

FIG. 1 illustrates a mixed topology for a network game.

FIG. 2 illustrates a process flow for getting a schedule of events on amobile device for a network game.

FIG. 3 illustrates a process flow for play in conjunction with asynchronized live event on a mobile device in a network game.

FIG. 4 illustrates a process flow for a server sending a list ofschedule of events for a network game.

FIG. 5 illustrates a process flow for a server setting up a networkgame.

FIG. 6 illustrates a process flow for a server officiating a networkgame.

FIG. 7 illustrates the system implemented by some embodiments.

DETAILED DESCRIPTION OF THE INVENTION

In the following description, numerous details are set forth for purposeof explanation. However, one of ordinary skill in the art will realizethat the invention may be practiced without the use of these specificdetails. In other instances, well-known structures and devices are shownin block diagram form in order not to obscure the description of theinvention with unnecessary detail. Section I below describesnotification of participants of their performance. Section II describesthe detection of unusual activity for a participant that couldconstitute cheating. Section III describes the network cluster systemimplemented by some embodiments, and Section IV describes someadvantages of the invention.

With the proliferation of mobile devices, a growing number of mobiledevice users are able to participate in a distributed online or networkgame. These games might be associated with various popular live and/ortelevised events. Participants of the game typically answer questionsutilizing a mobile device as a live contestant at a game show (e.g.,Wheel of Fortune®, Jeopardy®, etc.). Participants are also able to makesimple predictions regarding the outcome of events and even play-by-playdecisions for sporting events such as football, baseball, racing, or anyof a number of other sporting events. The expansion to includeparticipants utilizing mobile devices increases the number ofparticipants in these network games almost limitlessly. For instance,the Super Bowl live audience numbers in the tens of thousands ofspectators, while the television audience may number in excess of100,000,000 viewers. Many of these viewers have access to an assortmentof mobile devices, e.g., most commonly in the form of the ubiquitouscellular telephone.

For high bandwidth connections, games are typically controlled through afull time (two-way) connection to a game server that can routinelysupply information to the participants of the game. As is known in theart, two-way network connections provide comparatively reliable andsecure service. However, forming a two-way connection between the highpotential number of participants of a real-time game (e.g., associatedwith a broadcast event) and a central host server creates challengesbecause of the low latency demands of such a game played in realtime.Moreover, two-way networks pose scalability issues and becomeimpractical for massive numbers of participants and for games over lowbandwidth connections such as some mobile networks. Two-waycommunication generates a variable cost for each additional competingparticipant. Ultimately, the implementation of such a two-way systemcould be prohibitively expensive because of the vast communicationdemands of continuously updating potentially millions of contestants ofthe status of their ongoing, changing, and fast paced predictions. Thisburden on the game server is significant because many games requireacknowledgment by the server of the continuously changing predictions,which must be displayed on the mobile device in less than 500milliseconds. The same problem also exists in non-television broadcastbased games played over mobile devices that require a common start timefor all competitors and where there are a large number of potentialcompetitors.

I. Providing Participants with Current Standing while Receiving GameControl Information Via One-Way Broadcast

A system and method are provided for updating participants in a game. Insome embodiments, the method selects a set of sampling participants fromthe set of all participants of a game. In some of these embodiments, theselection occurs prior to the start of the game. The method of someembodiments establishes a two-way connection between a server and eachof the sampling participants. The method continuously maintains thetwo-way connection throughout the game. After each discrete game period,the method receives from a sampling participant, data for the samplingparticipant's game period performance. Based on the received data, themethod determines the performance for the game period and broadcaststhis information to a participant. Some embodiments base the data on astatistically projectable random sample that is representative of allthe participants in the game. In some embodiments, the broadcastrecipient is a non-sampling participant. A non-sampling participant is aparticipant who was not selected for the set of sampling participants.In some embodiments, the non-sampling participant, utilizing theprojectable data, determines a standing relative to the otherparticipants for the game period.

As mentioned above, the most cost effective means of controlling alarge-scale network game is to use a broadcast server topology toone-way multicast the same information to all participantssimultaneously. Thus, some embodiments of the invention provide for amobile device (e.g., cellular phone, PDA, etc.) as the receiver in abroadcast receiver topology. However, many current mobile devices arecapable of operation in both one-way and two-way modes. These modesinclude small message service (SMS), instant messaging (IM) or InternetRelay Chat (IRC), email, voice and/or other data modes over a number ofprotocols such as transport control protocol (TCP) or universal datagramprotocol (UDP).

Thus, the network game topology of some embodiments may include amixture of one-way receivers and two-way clients to realize the benefitsof both the one-way broadcast and two-way client/server architectures.FIG. 1 illustrates such a mixed topology 100. As shown in FIG. 1, aserver 105 simultaneously broadcasts to several receivers 110-125 thatare configured for one-way mode reception, while sending and receivingmessages with a two-way mode client 130, through a network 140. In someembodiments, the network 140 includes a cellular network. Current mobiledevice technology allows the use of each mobile device connected to thenetwork 140 to store locally certain game information such as acumulative score. Particularly for the broadcast receivers 110-125, thisrelieves some burden on the server in storing and managing this data,and on the network 140 in relaying the data. As mentioned above, oneadvantage of the one-way architecture is reducing network and/or serverlatency by the distribution of data for processing and/or storage at thereceiver. To implement such a topology, some embodiments employ a setupprocess that will be described by reference to FIG. 2.

A. Participant's Mobile Device Setup

FIG. 2 illustrates a mobile device setup process 200 for getting aschedule of events on a mobile device for a network game. As shown inthis figure, the mobile device set up process 200 begins at step 205,where a game participant selects a game application by using theparticipant's mobile device. Then the process 200 transitions to step210, where the mobile device requests a list of game events associatedwith the selected game from a server, such as the server 100 representedin FIG. 1. In some embodiments, the server 100 is a single computer,while in other embodiments the server 100 takes the form of any numberof computers in any number of configurations, such as a server farm orcluster. Regardless of the configuration, the server typically hosts andofficiates the game for these embodiments. The server of someembodiments will be described in further detail by reference to FIGS. 4,5, and 6.

As shown in FIG. 2, after requesting a list of events at step 210, themobile device receives a list of game events and displays the list tothe participant at step 215. At step 220, the participant selects a gameevent in which to compete, and sends the selection to the server.Typically, the server configures the game event for the requestingmobile device. The server configuration of some embodiments includes adetermination of whether the mobile device should set up a one-way ortwo-way connection with the server. The configuration process by theserver of some embodiments will be described in further detail byreference to FIG. 5.

When the server has configured the game event, the requesting mobiledevice receives a configuration message from the server at step 225 andthe process transitions to step 230. At step 230, the mobile device ofsome embodiments determines whether the configuration message from theserver indicated that the mobile device should set up for one-waybroadcast mode. If the message at step 225 indicates that the mobiledevice should operate in broadcast mode, the process 200 transitions tostep 235 where the mobile device is configured to receive one-waybroadcast transmissions from the server, and then the process 200concludes. Otherwise, the process 200 transitions to step 240 where themobile device sets up a two-way client/server connection with the serverfor the selected game event, and the mobile device setup process 200concludes.

B. Participant's Mobile Device Operation

Once the participant has selected the game and the mobile device hasprepared the connection with the server. The participant may play thegame over the mobile device. FIG. 3 illustrates a mobile deviceoperation process 300 for play in conjunction with a synchronized liveevent. The mobile device operation process 300 begins at step 305 wherethe process 300 determines whether the game is over. If the game isover, then the process 300 concludes. If the game is not over, then theprocess 300 transitions to step 310 where the participant makes aprediction regarding some facet of the game being played. Theparticipant makes the prediction by using the mobile device that was setup to play the game in accordance with the set up process 200 describedabove in relation to FIG. 2.

As shown in FIG. 3, after the participant makes a prediction, the mobiledevice operation process 300 transitions to step 315 when the mobiledevice receives a lockout message from the server. At step 315, uponreceiving the lockout message, the mobile device displays theparticipant's current prediction, if any, to the participant. In someembodiments, at the conclusion of each game period or scoring event, forexample a football play or a baseball pitch, the server sends “lock out”signals prohibiting predictions or answers to the questions via aone-way broadcast transmission before the correct answers or facts arerevealed. The participant's mobile device in these embodimentsdetermines whether the participant's predictions or answers were: (1)entered prior to the receipt of the time stamped lock out message and(2) correct or incorrect. In some embodiments, the mobile devicecomputes locally a cumulative score based on whether the participant wascorrect, as opposed to performing these calculations for eachparticipant on a central server. Such a system has the ability to scaleto accommodate a potentially large number of participants from a hugeaudience. The lockout message and whether a game is over will bedescribed later by reference to FIG. 6.

After the mobile device receives a lockout message at step 315, theprocess 300 transitions to step 320 where the mobile device receives thecorrect answer from the server, compares the received answer to theparticipant's prediction, and displays the comparison to theparticipant. Then, at step 325, the mobile device receives a set ofsampling results from the server. Prior to the commencement of the game,the server of some embodiments selects a statistically significantrandom sample of participants who have registered their intention toplay the game. The server instructs these sampling participants' mobiledevices to establish with the server a two-way connection to bemaintained for the duration of the contest or game. Some embodimentsestablish the two-way connection transparently, which occurs with orwithout the participant's knowledge. The server of some embodimentsmonitors the period-by-period scores of this statistically significantset of sampling participants. In some embodiments, the sampling resultscontain a distribution of the performance of the sampling participantsfor the last period of the game that was tabulated. Some of theseembodiments employ a histogram format to represent the sampling results.

After each discrete period in the contest, the server of someembodiments broadcasts some of the information collected from thesampling participants as well as the correct answers or predictions foreach game period. In some of these embodiments, the game applicationsoftware residing in the mobile device will compare the participant'scurrent score to the sampling results. For example, a participant whowon the maximum number of points possible on their last prediction mightbe informed they had moved up from the 72nd percentile to the 89thpercentile at that point in the game. Some embodiments further provide avisual display of the current percentile standing for the participantbased upon the comparison of the participant's score to therepresentative sample. For some of these embodiments, the samplingresults include a histogram or another graphical representation of thesampling results. Generation and transmission of the sampling resultswill be further described below by reference to FIG. 6.

When the mobile device receives the sampling results at step 325, theprocess 300 transitions to step 330 where the mobile device compares theparticipant's performance to the sampling results and displays thecomparison to the participant. Then, the process 300 transitions to step335 where the mobile device tabulates and stores the participant'sperformance for the game. This tabulation and storage may include aranking system. Once the mobile device determines the participant'sperformance, the process 300 transitions to step 340 where the process300 determines whether the participant has achieved a high degree ofperformance. For some embodiments, a high degree of performanceindicates a greater likelihood that the participant will have highenough score(s) to win. In these embodiments, the method uploads theparticipant's performance to the server for comparison against theuploaded results of the other high performers. Thus, these embodimentsmonitor only the subset of high scorers, based on the particular gameparameters, to determine the winner(s).

If the participant has not achieved notable performance, the process 300concludes. Otherwise if the participant has performed well, the process300 of some embodiments transitions to step 345, where the process 300determines whether the participant has exceeded one or more performancefactors. If the participant has not exceeded the performance factor(s)then the process 300 transitions to step 355 where the mobile deviceuploads the participant's performance information to the server, and theprocess 300 concludes. Otherwise, the participant exceeds theperformance factor and the process 300 transitions to step 350 where themobile device switches to a two-way client/server mode. Then the mobiledevice uploads the participant's performance information to the serverat step 355 and the process concludes.

Some embodiments use the performance determination at step 340 to checkwhether the participant's performance is high enough to warranttransmission to the server. In these embodiments, high performance mayindicate whether the participant is likely to win. Some embodiments usethe performance factor of step 345 in FIG. 3 to determine whether theparticipant exhibits unusual performance or activity that mightconstitute cheating. This topic will be further discussed in Section II.The description above regarding setup and operation of a mobile devicehas alluded at various times to interaction with a server. The server ofsome embodiments will now be described in further detail by reference toFIGS. 4, 5, and 6.

C. Server Setup

As mentioned above, the mixed network topology 100 illustrated in FIG. 1employs a server 105 to operate and officiate a game that is provided toa set of heterogeneous mobile devices. As discussed above in relation toFIG. 2, the games begin by a participant selecting a game event througha mobile device, and by the mobile device requesting a list of hostedgame events. FIG. 4 illustrates a server hosting process 400 for aserver sending a list of schedule of events for a network game. As shownin FIG. 4, the hosting process 400 begins at step 405 where the serverreceives from a mobile device, a request for a list of events associatedwith a game. Then the process 400 transitions to step 410 where theserver looks up events associated with the game in a master list ofgames and events. For instance, for the game of “football” the masterlist of games and events might include the “Super Bowl” as an event.This master list is maintained by some embodiments on a data storage. Atstep 415, the server returns the list of events to the requesting mobiledevice and waits for the mobile device to make a selection. At step 420,the server receives from the requesting mobile device a selection for agame event and then the hosting process 400 concludes.

Once the server of some embodiments receives the selection of a gameevent from a requesting mobile device, the server performs certain setupoperations for the requested game event. In some embodiments, the serverlogs the mobile device and/or the participant operating the mobiledevice to one or more data storages maintained by the server. The serverof some embodiments may request the identification explicitly, while themobile device of other embodiments will transmit the identificationseparately, or in conjunction with another message to the serverregardless of a specific identification request.

FIG. 5 illustrates a process 500 for a server setting up a network game.The server setup process 500 begins at step 505 when the server receivesidentification from the mobile device. As mentioned, this identificationcan represent a participant and/or the participant's mobile device. Atstep, 510 the server uses the received identifier to look up theperformance history associated to the received identifier. The server ofsome embodiments may use a data storage for the lookup. Then, theprocess 500 transitions to step 515, where the process 500 determinesbased on the participant's performance history, whether the participantis likely to win. The determination of some embodiments may be anapproximation of performance for the selected game event, particularlyif little or no performance history has been logged to the data storagesfor the particular participant.

If at step 515, the participant is likely to win, then the server setupprocess 500 transitions to step 530 where the server sends a message toset the mobile device in a two-way client/server communications mode. Inthe two-way mode, the server monitors closely the participant'sperformance for the game event. In these embodiments, the server isconstantly updated with only the most relevant data from a subset ofparticipants who are likely to win. Otherwise, if at step 515, theparticipant is not likely to win, then the process 500 transitions tostep 520, where the process 500 determines whether there is a properstatistical sampling of scores.

In some embodiments, the server setup process 500 determines whether thenumber of two-way (real-time) connections to the server is statisticallysignificant, i.e., is sufficient to provide a reasonably reliablerepresentation of the population of all participants in the game event.If at step 520, there is not a proper statistical sampling (e.g., thereare not enough two-way connections for statistical significance) thenthe process 500 transitions to step 530 where the server sends a messageto set the mobile device in two-way client/server mode (thus, increasingthe number of two-way connections toward statistical significance), andthe process 500 concludes. Otherwise, the process 500 transitions tostep 525 where the server sends a message to set the mobile device inone-way mode to receive broadcasts from the server, and the server setupprocess 500 concludes. As mentioned above, some embodiments pre-select aset of sampling participants for two-way connections at the start ofeach game.

D. Server Operation

Once the server has set up and sent the mobile device configurationmessages for the selected game, the server will then typically conductand officiate the game. FIG. 6 illustrates a process 600 for a serverofficiating a network game. As shown in this Figure, the serveroperation process 600 begins at step 605 where the server transmitsparameters and other information regarding the game to any mobiledevices that have selected participation for the game period. For themixed topology 100 illustrated in FIG. 1, mobile devices configured forone-way mode will typically receive the game information throughbroadcast messages from the server, while mobile devices configured fortwo-way mode will send and receive in a manner that is typical ofclient/server connections.

The transmissions and/or broadcasts will continue at step 605 until theconclusion of the game period as determined by the particular gameparameters. Then the process 600 transitions to step 610 where theserver generates and sends a lockout message to notify the participatingor subscribed mobile devices that the game period has concluded. In someembodiments, the lockout message includes a timestamp. After the lockoutmessage, the server generates and sends the correct result for therecently concluded game period at step 15. Then the process 600transitions to step 620 where the server compiles the availableperformance data from the two-way client/server mode participants. Asmentioned above, in some embodiments the two-way mode participants forma representative sample of all participants competing during theparticular game period. The server operation process 600 of someembodiments generates a graphical representation of the results obtainedfrom the representative sample of participants. Some of theseembodiments use a histogram format to illustrate the sampling results.

Once the server operation process 600 compiles the sampling results atstep 620, the process 600 transitions to step 625 where the server sendsthe sampling results to the participants of the game period. Inparticular, the server typically broadcasts the sampling results to theone-way mode participants. After broadcasting the sampling results, theprocess 600 transitions to step 630 where the server receives uploadedresults from the high performing one-way mode participants. As describedabove in relation to FIG. 3, in some embodiments the high performingone-way mode participants determined their status as high performersbased on the sampling results received from the server, and only thoseparticipants who were likely to win the game event or period uploadtheir results to the server.

As shown in FIG. 6, after step 630, the server operation process 600transitions to step 635 where the process 600 may perform a number offunctions. For instance, the process 600 of some embodiments determinesand/or notifies one or more winners of the current game event or period.The process 600 of some embodiments also makes determinations orcalculations as to the categories and criteria for winners of the gameevent and/or period. Thus, for each discrete period a participant'sscore may increment or decrement by the appropriate number of pointsdepending on the game rules. Some embodiments calculate a total and/orcumulative score for the particular participant. The details of thediscrete period and the scoring typically encompasses the underlyingfacets of the game's subject matter such as, for example, the answer toa televised Jeopardy® question, or the results of a prediction of whatplay will be called by the quarterback in a televised football game.

When the server operation process 600 completes the various tasks atstep 630, the process 600 transitions to step 640 where the process 600determines whether the game, the event, and/or the period are over,based on a set of criteria specific to the selected game. If the game isnot over, then the server operation process 600 returns to step 605,otherwise the process 600 concludes. As one of ordinary skill willrecognize, the officiating server during an online network game does notmonitor a majority of the participants, particularly the one-waybroadcast participants. In a network environment of heterogeneous mobiledevices, this creates opportunities for participants to unfairly modifyand report their performance. Next, Section II describes the additionalmeasures that some embodiments provide to address these concerns.

II. Detecting Cheating for a Game Played Over a Mobile Device

As mentioned above, games broadcast to mobile devices pose specificchallenges as to data validation and overall game integrity. Forexample, a participant using a mobile device in an online or networkgame is able to (1) access the mobile device client to probe themicroprocessor, and/or the RAM to modify the local data at the clientdevice; (2) “spoof” or emulate another mobile client device or; (3)apply other techniques to enter predictions after the answers are known.Thus, a crafty participant is able to create game scores that are notlegitimately achieved out of view of the officiating secure server andsubmit the unfairly achieved performance for scoring against un-enhancedlegitimate competitors.

To cope with this issue, some embodiments provide a method and systemfor detecting unusual performance in a game. The game has a participant.In some embodiments, the game is a game of skill, which, as with mostgames of skill, performance improves with repetitive play, until aparticipant reaches their general level of skill. The method calculatesfor the participant an average performance level. Based on the averageperformance level, the method tracks for the participant, a participantimprovement factor and stores the participant improvement factor. Themethod compares the participant improvement factor to a threshold value.As mentioned above, some embodiments make this comparison at step 345,of the process flow 300 illustrated in FIG. 3.

Some embodiments additionally track a game improvement factor (e.g., atstep 635 in FIG. 6). In some of these embodiments the game improvementfactor includes the average change in performance over time for allparticipants of the game. In some embodiments, any participant whosecurrent game performance is exceeding either the overall gameimprovement factor, and/or the individual's participant improvementfactor, or who is achieving a score at the very highest level of thecurrent online players, will trigger the establishment of a two-wayconnection with the server for closer two-way monitoring of theparticipant's activity during the remainder of the game. Additionally,participants who approach a level of performance sufficient to win asignificant prize, tournament points, or other reward, are also selectedby some embodiments for a two-way server connection at various timesduring their participation of a network game. The two-way connectionemploys the transport control protocol (TCP) in some embodiments, whileother embodiments might employ another suitable protocol. The server ofsome embodiments is a “game session server” provided by AirPlay Network,Inc. The system implementation of some embodiments will be describedfurther in Section III.

Once a two-way connection is triggered, the server of some embodimentsrecords data for the ongoing game play of the triggering participant andperforms a variety of tests. The tests of some embodiments include therecording of each entry by the participant, and examining the timestamp, user input, and other data being received from the participant'smobile device. Some embodiments use the recorded data to identifyanomalies in the participant's activities. The anomalies might include(1) abnormal improvement in results relative to other participants, (2)abnormal improvement in performance based on prior performance for theparticular participant, (3) signs that the application software has beenaltered, (4) anomalies in the utilization of the game control interface,and/or (5) indications through encryption and additional non-obviousdata that the final score upload has been altered.

Some embodiments, when detecting an anomaly, require future game play bythe participant suspected of unfair activity to be conducted on atwo-way basis with the server for close monitoring. For instance, duringthe game play of these embodiments, every play prediction is storedinside the mobile device and is sent periodically to the game server.Moreover, some embodiments store in a database each participant'srelative performance for each game in which the participant competes. Insome embodiments, the participant's relative performance is stored inthe form of a percentile standing. Some embodiments calculate and storethe average performance level and the average incremental improvement inthe percentile standing for each participant. As participants improveover time with practice and experience, some embodiments continuallycalculate an average improvement factor for both the game in general, aswell as for a specific participant. For instance, the averageimprovement in percentile standing of a specific participant for aparticular game might be two percentile points, while the averageimprovement for a group of participants at a particular skill levelgame-wide, might be three percentile points.

Thus, the threshold value used by some embodiments to gauge aparticipant's performance may vary for each participant, and for eachgame, and may also vary over time. The threshold values of theseembodiments are adjusted based on one or more of these or other factors(e.g., the participant and game factors, over time). Moreover, someembodiments employ multiple checks against one or more of the thresholdvalues. For instance, the participant's improvement may not be thatnotable based on the participant's history but is unusual for theparticular game played.

In some embodiments, information regarding the average improvement inpercentile standing for a participant and/or for the group ofparticipants within a particular skill level for the game is stored tothe participant's mobile device by using software that has been loadedinto the participant's mobile device memory and/or that has beendownloaded with an applications program. These embodiments continuouslycompare each participant's current percentile standing to the storedinformation that includes the improvement factors previously described.

For some embodiments, information is updated in realtime. This includesupdating the sampling distribution representing the game-wideperformance through the (realtime) two-way connections, as well asupdating the broadcast participants utilizing the one-way connections.Also previously mentioned, during play of the game, performance orscoring information may be represented in some embodiments by ahistogram format, which may be displayed at various times on theparticipant's mobile device. The histogram of these embodiments maycontain the performance of a random sample of selected participants whoare continually connected to the server. In some embodiments, the mobiledevice might generate the histogram, while for other embodiments, thehistogram is broadcast to all participants by the server. The pointvalues to win for each game being played is different and depends uponthe following, among other things: the game; the difficulty of the game;and the performance of the players playing the game. Thus, the histogramis used to track the scores of a sampling of the players and communicatethose scores to all of the players during the game. Each mobile devicewill then be able to determine how the corresponding player isperforming in the current game relative to the other players.

III. System

As previously mentioned, the server 105 illustrated in FIG. 1 isimplemented in some embodiments by using a more complex system thatincludes multiple servers and/or multiple server clusters. To furtherillustrate this scalability feature, the server of some embodiments isdepicted in FIG. 7 as a cluster or several clusters of server computers.Accordingly, FIG. 7 illustrates a system 705 implemented by someembodiments that includes a communication layer 710, a master layer 715,data storages 720, and administration tools 725. Further shown in FIG.7, one or more mobile devices 110-130 connect to the system 705 througha network 140. As previously mentioned, the network 140 in someembodiments includes a mobile device network such as a cellular network,which employs a variety of communications protocols to transmit databoth one-way and two-way between the mobile devices 110-130 and thesystem 705.

In some embodiments, initial messages received by the system 705 arehandled by the communication layer 710. In these embodiments, thecommunication layer 710 might include dedicated servers to handle thecommunication needs of a large scale hosted network game. For instance,the communication layer 710 of some embodiments includes a ConnectionCluster, a Game Session Cluster, a Score Cluster, a Broadcast Cluster,and a Web Cluster, all provided by AirPlay Network, Inc. In theseembodiments, the task of sending and receiving data in the processes of,for example, setting up a game, providing an event list, providing gameparameters during a game, and updating scores, is divided among theseparate servers and/or clusters.

Also shown in FIG. 7, the communications layer 715 is coupled to amaster layer 720. In some embodiments, the master layer 720 includesoperational support for hosting and officiating the network games. Inthese embodiments, this hosted support might include server applicationsand functions for scheduling, registration, scoring, and validation. Themaster layer 720 often operates on massive amounts of data, thus eachfunction in these embodiments is typically delegated to a dedicatedcollection of servers and/or clusters (e.g., a Schedule Cluster, aRegistration Cluster, and a Scoring/Validation Cluster, also provided insome embodiments by Airplay Network, Inc.). The master layer 720 isfurther coupled to a set of data storages 720 to enable, for example,look ups into scheduling data such as a master schedule of games andevents, user data such as participant and/or mobile device profiles andhistory, as well as prize data, results, metrics, and reporting data.Also shown in FIG. 7, the data storages 720 and the master layer 715 ofsome embodiments are coupled to a set of administration tools 725 thatallow, for example, data entry and management such as scheduling andcustomer service functions. In these embodiments, the administrationtools include user interfaces, terminals, and other appropriateadministration means.

IV. Advantages

In the embodiments described above, each participant among potentiallymillions of participants may receive data on a one-way basis thatindicates a highly accurate approximation of the participant'spercentile standing after each event in real-time throughout the game.Some embodiments of the invention enable the server providing gamecontrol to utilize a one-way broadcast transmission for all but a smallfraction of the participants, which significantly reduces the number ofservers required to conduct a massive real time game. These embodimentsalso reduce the communications traffic on the cellular networks. Thesecommunications and infrastructure costs of operating the game couldotherwise be insurmountable.

In addition to the benefit of providing current standings to allparticipants, the present invention also dramatically reduces the numberof scoring calls both during and at the conclusion of an event, whichrepresents a significant improvement over the art. The present inventionestablishes and maintains an ongoing two-way connection with a sample ofparticipants throughout the game. The present invention monitors thissample and makes the information available game-wide in real-time.Therefore, the present invention does not require additional time tocollect, process, and rebroadcast to the game participants instructionsto later establish a two-way connection and upload scores forverification and ranking. Further, the present invention permits analmost immediate data collection, verification, and notificationprocess, from only the most relevant group of participants in a game.

Moreover, the present invention addresses issues of integrity that arecritical to a large-scale network game, which particularly may involve anumber of mobile devices. A sponsor of such a large or network gameoffering may charge for the service and award prizes to winners. Asmentioned above, the participation for such events can numberpotentially in the tens of millions of simultaneous subscribers,particularly by using the multicast mobile or cellular networkconfiguration of some embodiments. However, such a game will draw littlemarket response if the sponsor cannot maintain the integrity of thegame. Issues of cheating may be addressed by employing two-wayconnections to closely monitor participants, but this quickly becomesimpractical for large numbers of participants. Also, in some games basedon rapidly unfolding events, such as a live telecast of a sportingevent, the latency inherent in controlling a client utilizing a two-wayconnection (e.g., a cellular telephone) to a secure server makes keepingup with the telecast problematic. Some embodiments of the presentinvention incur the high overhead of two-way monitoring for only the setof participants who have a higher risk of cheating and/or have a highrisk of winning. Such a system dramatically improves the economics ofstaging the network game and the quality of service for all thesubscribed participants.

While the invention has been described with reference to numerousspecific details, one of ordinary skill in the art will recognize thatthe invention can be embodied in other specific forms without departingfrom the spirit of the invention. Thus, one of ordinary skill in the artwill understand that the invention is not to be limited by the foregoingillustrative details, but rather is to be defined by the appendedclaims.

1. A method of detecting performance in entertainment, the entertainmenthaving a plurality of persons who participate in the entertainment,including real-time entertainment, each on a client device, the methodcomprising: selecting a sampling group of persons participating in thereal-time entertainment; receiving at a first server responses to gameelements of the real-time entertainment from client devices of thesampling group; performing a first set of calculations based on theresponses received from the sampling group to generate a first result;comparing the first result to a value; and based on the comparison ofthe first result to the value, and determining if a connection to asecond server for uploading a set of data from the client device to thesecond server should be formed in order to detect unusual performance inthe entertainment.
 2. (canceled)
 3. The method of claim 1, furthercomprising determining a distribution of results from the responsesreceived from the sampling group, wherein the distribution of resultsare displayed utilizing a format including one or more of a histogram,percentile and numerical ranking.
 4. (canceled)
 5. (canceled)
 6. Themethod of claim 3, wherein the threshold value is based on thedistribution.
 7. (canceled)
 8. The method of claim 1, wherein theconnection to the second server for persons not in the sampling groupcomprises a two-way connection.
 9. The method of claim 1, furthercomprising: tracking at the client device for the person a participantimprovement factor, wherein the participant improvement factor is basedon an average performance level for the person; and storing theparticipant improvement factor; wherein the threshold value is based onthe participant improvement factor.
 10. The method of claim 1, furthercomprising: tracking at the second server, for the entertainment, a gameimprovement factor, wherein the game improvement factor is based on anaverage performance level for the sampling group; and storing the gameimprovement factor; wherein the value is based on the game improvementfactor.
 11. The method of claim 1, wherein the second server logsactivity for the person.
 12. The method of claim 1, further comprisingexamining the uploaded set of data for a set of particularcharacteristics.
 13. The method of claim 12, wherein the particularcharacteristics comprise: an indication that a client device used by theperson to upload the data has been accessed abnormally; or an indicationthat the uploaded data has been altered; or performance data of theperson that shows unusual improvement over a history of performance forthe person; or performance data of the person that shows unusualimprovement over a history of performance for a particular set of games,wherein the entertainment is in the particular set of games; or anindication that game data received by the client device has beenaltered.
 14. The method of claim 1, wherein the connection is formedover a mobile device network. 15-22. (canceled)
 23. A method ofdetecting performance in entertainment, the entertainment having aplurality of persons who participate in the entertainment, includingreal-time entertainment, each on a client device, the method comprising:receiving via the client device a set of data comprising game elements;selecting a sampling group of persons participating in the real-timeentertainment; receiving responses to the game elements from the clientdevices of the sampling group; utilizing the responses received from thesampling group at a first server during the real-time entertainment todetermine a performance metric related to the entertainment; andcomparing the performance metric to the received set of data; based onthe comparison, optionally establishing a two-way connection with asecond server and determining if a connection to the second server foruploading a set of data from the client device to the server should beformed in order to detect unusual performance in the real-time game. 24.(canceled)
 25. The method of claim 23, wherein establishing the two-wayconnection further comprises switching the one-way connection to thetwo-way connection.
 26. (canceled)
 27. The method of claim 23, whereinthe two-way connection is formed over a mobile device network.
 28. Themethod of claim 23, wherein the set of data comprises one or more of ahistogram, percentile and numerical ranking.
 29. The method of claim 23,further comprising examining the mobile device.
 30. The method of claim29, wherein examining the mobile device further comprises: determiningwhether the mobile device has been accessed abnormally; or determiningwhether data stored by the mobile device has been altered; ordetermining whether the performance metric comprises an anomaly, whereinthe anomaly indicates a likelihood of an unfair game. 31-37. (canceled)38. A server for providing entertainment for a plurality of persons whoparticipate in the entertainment, including real-time entertainment,each on a client device, and for detecting unusual performance in theentertainment among the persons participating in the entertainment,wherein a sampling group of persons participating in the real-timeentertainment are selected, and responses to game elements are receivedat the server of the real-time entertainment from client devices of thesampling group, wherein a first set of calculations is performed basedon the responses received from the sampling group to generate a firstresult, and the first result is compared to a value, wherein based onthe comparison of the first result to the value, the server isconfigured for determining if a connection to a second server foruploading a set of data from the client device to the second servershould be formed in order to detect unusual performance in theentertainment.
 39. The server of claim 38, wherein the set of datacomprises one or more of a histogram, percentile and numerical ranking.40. The server of claim 38, wherein the set of data is only receivedfrom the client devices of persons not in the subset when a performancemetric of the person participating on the client device exceeds thethreshold value.
 41. The server of claim 38, wherein the game comprisesa web-connected game.
 42. The server of claim 38, wherein theentertainment is based on a live event.
 43. The server of claim 42,wherein the live event is viewed in person by a person physicallyattending a location corresponding to the live event.
 44. The server ofclaim 42, wherein information related to the live event is received froma physical location corresponding to the live event.
 45. The server ofclaim 38, wherein the server implements one or more lockouts to preventinput.
 46. The server of claim 45, wherein the one or more lockoutsoccur immediately before competitors in contests of skill or chance areable to see relevant live game action unfold.
 47. The server of claim45, wherein the one or more lockouts occur immediately before a scoringchance in the one or more events.
 48. The server of claim 45, whereinthe one or more lockouts involve an in-progress play, not during astoppage, and preventing submitting the response before a criticalelement of the in-progress play unfolds.
 49. The server of claim 45,wherein the one or more lockouts apply for a limited amount of time. 50.The server of claim 45, wherein the one or more lockouts apply for anaction lasting a limited amount of time.
 51. The method of claim 1,wherein the game comprises a web-connected game.
 52. The method of claim1, further comprising sending an acknowledgment by the first server tothe responses which is received by the client device in less than 500milliseconds.
 53. The method of claim 23, wherein the game comprises aweb-connected game.
 54. A method of detecting performance inentertainment, the entertainment having a plurality of persons whoparticipate in the entertainment, including real-time entertainment,each on a client device, the method comprising: selecting a samplinggroup of persons participating in the real-time entertainment; receivingat a server responses to game elements of the real-time entertainmentfrom client devices of the sampling group; performing a first set ofcalculations based on the responses received from the sampling group togenerate a first result; comparing the first result to a value,including performing a second set of calculations involving the firstresult and the value; based on the comparison of the first result to thevalue, modifying the value; and determining if a connection to a serverfor uploading a set of data from the client device to the server shouldbe formed in order to detect unusual performance in the entertainment.55. The method of claim 54, wherein the connection to the server forpersons not in the sampling group comprises a two-way connection. 56.The method of claim 54, further comprising: tracking at the clientdevice for the person a participant improvement factor, wherein theparticipant improvement factor is based on an average performance levelfor the person; and storing the participant improvement factor; whereinthe threshold value is based on the participant improvement factor. 57.The method of claim 54, wherein the connection is formed over a mobiledevice network.
 58. A server for providing entertainment for a pluralityof persons who participate in the entertainment, including real-timeentertainment, each on a client device, and for detecting unusualperformance in the entertainment among the persons participating in theentertainment, wherein a sampling group of persons participating in thereal-time entertainment are selected, and responses to game elements arereceived at the server of the real-time entertainment from clientdevices of the sampling group, wherein a first set of calculations isperformed based on the responses received from the sampling group togenerate a first result, and the first result is compared to a value,including performing a second set of calculations involving the firstresult and the value, wherein based on the comparison of the firstresult to the value, the value is modified, and wherein the server isconfigured for determining if a connection to the server for uploading aset of data from the client device to the server should be formed inorder to detect unusual performance in the entertainment.
 59. The serverof claim 58, wherein the game comprises a web-connected game.
 60. Theserver of claim 58, wherein the entertainment is based on a live event.61. The server of claim 60, wherein the live event is viewed in personby a person physically attending a location corresponding to the liveevent.
 62. The server of claim 60, wherein information related to thelive event is received from a physical location corresponding to thelive event.